{"id":50385,"date":"2021-11-12T08:05:23","date_gmt":"2021-11-12T13:05:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50385"},"modified":"2021-11-12T08:05:23","modified_gmt":"2021-11-12T13:05:23","slug":"tx10-defs-invitation-to-look-in-vehicle-console-for-receipt-for-allegedly-stolen-property-led-to-plain-view-of-drugs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50385","title":{"rendered":"TX10: Def&#8217;s invitation to look in vehicle console for receipt for allegedly stolen property led to plain view of drugs"},"content":{"rendered":"\n<p>Defendant was suspected of leaving a Lowes with a stolen shop vac. He was seen at a nearby McDonalds and officers came up to him. He volunteered that the receipt was in his console and they could look for it. The discovery of drugs was in plain view. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=d6822976-1c2e-4e9d-8b9d-63bc11b05294&amp;MediaID=65bdfe74-3c83-4997-a63e-faa8f3a26312&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Rathbun v. State<\/a>, 2021 Tex. App. LEXIS 9158 (Tex. App. \u2013 Waco Nov. 9, 2021).*<\/p>\n\n\n\n<p>No findings on the officer\u2019s show of authority so remanded. <a href=\"https:\/\/www.dccourts.gov\/sites\/default\/files\/2021-11\/Crews%20v%20US%2019-CF-346.pdf\">Crews v. United States<\/a>, 2021 D.C. App. LEXIS 321 (Nov. 10, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s 2254 appeal also involves a Stone bar. CoA denied. Ables v. Ducote, 2021 U.S. App. LEXIS 33419 (5th Cir. Nov. 10, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s place was searched by private parties retrieving a mini-spy camera and SIM card. <a href=\"https:\/\/www.courts.state.hi.us\/wp-content\/uploads\/2021\/11\/CAAP-20-0000533sdo.pdf\">State v. Alisna<\/a>, 2021 Haw. App. LEXIS 334 (Nov. 8, 2021)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was suspected of leaving a Lowes with a stolen shop vac. He was seen at a nearby McDonalds and officers came up to him. He volunteered that the receipt was in his console and they could look for it. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50385\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,126,51,43],"tags":[],"class_list":["post-50385","post","type-post","status-publish","format-standard","hentry","category-consent","category-issue-preclusion","category-plain-view","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50385","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50385"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50385\/revisions"}],"predecessor-version":[{"id":50386,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50385\/revisions\/50386"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50385"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50385"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50385"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}